Maharashtra Mandal of Central Pennsylvania
Proposed
Constitution and Bylaws
July 2018
1.0: NAME
Name of this organization is “Maharashtra Mandal of Central Pennsylvania”
(hereinafter referred to as “MMCPA”), which is to be a “501-C3” registered non-profit
organization.
2.0: ADDRESS
Permanent: 1110 Newbold Lane
C/O: Parth Athavale
Mechanicsburg, PA 17050
Mailing Address: Same as above
3.0: OBJECTIVES
3.01 To propagate teachings and ideals of Hinduism.
3.02 To celebrate auspicious events and festivals in accordance with
Maharashtrian traditions.
3.03 To arrange and conduct lectures, seminars, religion-related education classes
for children, youth & adults as well as other allied programs.
3.04 To promote and elevate spiritual awareness with harmony and unity.
3.05 To keep liaison with other institutions/organizations which are based on our
pattern of following rituals and practices.
3.06 To keep liaison with other organization within our community for harmony
with respect and understanding.
4.0: FISCAL YEAR
Fiscal year shall begin the first day of January every year.
5.0: MEMBERSHIP
5.01 Eligibility:
It shall be open to a person of 18 years of age and above, who believe in, follow
and practice principles of Hindu religion.
5.02 Categories:
Type Membership Dues
Family annual member $40 per year
Definition:
Family annual membership shall be defined as a married or single spouse, and unmarried
children living in the same household and will also include any visitors from outside the
central PA area. Any non-Hindu wishing to be a member of MMCPA may join but shall
not hold a position in BOT and/or EC. Membership Unit consists of Husband, Wife,
Unmarried children under 21 either going to school/college or living permanently with
the family.
5.03 Payment of dues:
Annual membership dues shall be payable annually for each calendar year and be
repayable, without any oral or written notice of intimation from MMCPA EC or
BOT, before the end of February every year. Failure to repay the annual dues shall
result into an automatic cessation of membership. All membership dues, annual shall
be paid in full.
5.04 Review of Membership Dues:
Board of Trustees shall have the responsibility to review & revise annual membership
dues every year.
5.05 Resignation of a member:
A member may resign by a written notice to the EC, which shall be effective after it
is approved by EC. However, the resigning member shall be liable to pay to
MMCPA any fees and/or dues, present or in arrears by himself/herself and his/her
family members. No refund will be issued for any fees paid to MMCPA.
5.06 Disqualification of a member:
BOT shall have power to disqualify a member if a member:
1) Is found no longer subscribing to the objectives of the MMCPA.
2) Is engaged in misappropriation of funds or properties of the MMCPA.
In case of such a disqualification of a member, the remaining members of his/her family
shall continue to be eligible members.
5.07 Expulsion of a member:
MMCPA Board can expel a member only if a member has committed an act that is
immoral and/or unethical, which is likely to bring dishonor and disrepute to the
MMCPA. Such an expulsion of a member shall take place only after:
1) Such a member has been served with not less than 30 days written notice, citing
the cogent reason/s, and after having invited the member at the joint meeting of
BOT and EC to present his/her position.
2) Joint board (BOT & EC) shall approve such a resolution by 2/3 majority voting.
In case of such an expulsion of a member, the remaining members of his/her family
shall continue to be eligible members.
6.0: BOARD OF TRUSTEES
6.01 Composition:
1) Board of Trustees (BOT) shall consist of five members.
2) No BOT or their spouse shall become an EC member.
3) No proxy at the meeting shall be allowed.
6.02 Term :
1) It shall be five years with the longest serving trustee retiring every year. First
trustee shall retire in 2020.
2) At the first composition of BOT, the name of the trustees to retire shall be
finalized along with the year in which they will retire.
6.03 Eligibility:
1) A person must be a member for at least 2-years standing.
2) In case of a family membership, either eligible spouse shall be selected as a
trustee.
3) A person or his/her family members do not owe monies, overdue by more
than one month to the MMCPA.
4) A person has to be Hindu with Maharashtrian roots to become a BOT
member.
6.04 Selection of BOT:
1) There will be no election for members of BOT.
2) BOT shall select the new BOT member. Majority vote shall prevail.
3) The selected BOT can be inducted earlier than Jan 1st, but shall gain voting
rights on January 1st of the year his/her term begins.
4) A BOT may resign by a written notice to BOT, which shall be effective after
it is approved by BOT. In case of such a vacancy or a vacancy caused by any
other reason, BOT shall appoint a person to serve as trustee from the
community. Such member shall hold office until December 31st of that year
and shall be eligible to be nominated for BOT for a subsequent regular term.
6.05 Disqualification of a member of BOT:
In case the conduct of the BOT member is found not in the interest of MMCPA,
s/he shall be duly warned in the meeting of BOT. In spite of such a warning, s/he
does not improve the conduct in the opinion of the remaining trustees, a
unanimous resolution to this effect shall be carried out at their duly convened
meeting, and the trustee shall stand disqualified.
6.06 Meetings:
1) To hold minimum one meeting every quarter.
2) Three members shall consist of a quorum.
6.07 Functions:
1) To develop long term policies, programs, and priorities in consonance with
the objectives of MMCPA.
2) To develop guidelines and plans for fund raising and work jointly with EC.
3) To develop/modify rules and regulations regarding the use of the properties of
the MMCPA. The MMCPA properties are to be used BOT approved events.
4) To take over functions of EC in case of an emergency when EC ceases to
function. However, in case of such a take over, the BOT shall nominate a new
EC as soon as possible.
5) Trustees shall have a right to attend any or all of the EC meetings, if desired.
Trustees shall not have voting right at these meetings.
6) BOT shall not indulge in or look after day-to-day activities and operations of
the MMCPA, which shall be exclusive function of EC.
7) BOT can appoint any person(s) to any additional non-voting functions as
appropriate. These appointments shall be done entirely by BOT and in the
best interest of the community.
6.08 Duties of BOT:
President:
1) To preside over meetings of BOT.
2) To look after and overall supervise the functioning of the BOT and Executive
Committee.
Vice-president:
1) In absence of the President, the Vice-president shall have all the powers and
function of the President.
2) If for any reason the President cannot perform his/her duties, the Vicepresident
shall assume all the powers and function of the President.
Secretary:
1) To record all of the minutes of the proceedings and votes of the BOT in a
book kept for that purpose.
2) To send notices of the meetings to members of BOT.
3) To perform such related duties, pertaining to and designated by BOT.
4) To deliver to the successor, at the end of term, all documents and properties in
his/her possession belonging to the organization.
Treasurer:
1) Will be responsible for all the finances.
2) Will be responsible to open bank accounts, and invest money as approved by
the BOT.
7.00: EXECUTIVE COMMITTEE (EC)
7.01 Composition:
1) EC shall consist of five voting members, selected by BOT.
2) The EC shall then select one member to act as an accountant.
3) Three members shall constitute a quorum at EC meetings.
4) No proxy vote shall be allowed at the EC meetings.
7.02 Term:
1) Term of EC members shall be one calendar year, except when a member is
appointed to fill in a vacancy, in such case, it shall be for the remainder of the
term of the EC.
2) Each officer shall hold the office until the end of his/her term and/or until a
successor is elected and qualified.
3) A member of EC may resign by a written notice to the EC and BOT, which
shall be effective after it is approved by EC and approved by BOT.
4) EC members shall not have any conflict of interest, with respect to financial
or decision-making for any activities of MMCPA. In case of any issues or
clarifications required, EC shall consult with BOT.
5) The current EC shall help carry out a smooth transition which will support incoming
EC ease in planning programs for the following year.
7.03 Contingencies:
1) If the Accountant cannot fulfill responsibility for the year, the position shall
be filled by another EC member, as appointed by the EC.
2) If there is a lack of harmony in the executive committee, the BOT shall
intervene to resolve the issue with a majority decision.
7.04 Eligibility:
1) A person believes in and accepts MMCPA and its established traditions.
2) A person or his/her family members do not owe any monies, overdue
membership dues for more than one month to MMCPA, at the time of being
nominated.
3) A person has to be Hindu with Maharashtrian roots to become a EC member.
4) A non-MMCPA member shall not be eligible to become a member of the
Executive Committee.
7.05 Disqualification of a member of EC:
1) It shall be as per Section 5.06 & 5.07 of the MMCPA’s Constitution &
Bylaws.
2) In case of conduct of any member of EC is found not in the interest of
MMCPA, s/he shall be duly warned orally by the members of EC in a EC
meeting. In spite of such a warning, if s/he does not improve in the opinion of
the remaining members of EC, the matter shall be referred to the BOT.
3) A member shall be deemed to have vacated his/her position as a member of
EC, if s/he fails to attend three consecutive or two-third of the EC meetings in
a calendar year.
7.06 Functions:
1) To plan, organize, manage and execute day-to-day operation in consonance
with and in adherence to MMCAP Principles and rituals, and implement
policies, rules and regulations as set forth by the BOT in accordance with this
Constitution & Bylaws of the MMCPA.
2) To form and delegate powers to Sub-committees.
3) To work jointly with BOT for fund raising activities.
4) To accept funds in pursuance and promotion of the objectives of the
MMCPA, by way of donations, trust or earmarked funds without
terms/conditions and to manage such funds accordingly. If the funds are
received with terms contingent upon, EC shall seek the approval of BOT
before accepting such a donation.
5) The Accountant shall submit all details of an event including but not limited
to fees collected, expenses incurred (paid or unpaid), sponsorship information
etc. The Accountant shall also provide these details in Excel or any other
format as defined by BOT along with the cash and checks collected within
two weeks of conclusion of the event. A grace period of additional two weeks
may be granted by the Treasurer at his or her discretion.
6) To keep a concurrent list of tangible assets of the MMCPA.
7) To carry out dutifully and respectfully, the directions and suggestions, oral or
in writing, given by the BOT.
7.07 Duties of EC:
1) To prepare and submit financial and activities as outlined in 7.07.
2) Shall hold meetings and shall invite Chairs of Sub-committees as appropriate
to review event planning by the Sub-committee.
3) To collect and receive funds and hand over to BOT in a timely manner as
outlined in 7.06 above.
8.0: SUB-COMMITTEES
If for any reason, EC requires help organizing an event(s),
then BOT will provide help by setting up sub-committees, as required.
9.0: OPERATIONS & ADMINISTRATIVE GUIDELINES
The following are general guidelines for administration and operation of the MMCPA
activities.
9.01 Executive Committee:
a. Members of the EC shall work as a unit in harmony to organize and
carry out various activities with greatest possible participation of the
members of the MMCPA.
b. The E.C. will help Treasurer manage financial affairs of the MMCPA.
c. The EC shall develop plans for their activity and budget for each
activity. These plans may include fund raising plans to carry-out
planned activity.
9.02 Meetings & Reports:
1) BOT and the EC shall hold separately, quarterly meetings.
2) A Special General Body meeting shall be held along with Deepavali
celebration, if required.
3) EC shall be responsible for arranging and announcing meeting plans
and agenda.
9.03 Budgeting & Administration of Finances:
The following are additional guidelines for the Treasurer and EC to follow in managing
finances of the MMCPA:
a- Humanitarian Fund-Raising: The BOT & EC may undertake fund raising for
any situation like: natural disaster anywhere in the world, and, all fund raised for
the occasion shall be disbursed for the same cause within 45-60 days.
b- Commitment of the organization: Any event, or activity organized by
individual or group without written approval of the EC shall not represent the
MMCPA. Hence, MMCPA shall not be obliged to the commitment so made. No
one is authorized to make commitment for any group visit for MMCPA, etc
without prior approval from the BOT.
c- Aarti money: To be collected separately and should be handed to the treasurer to
deposit in MMCPA accounts.
9.04 Types of funds collected and uses:
MMCPA shall collect funds via following means:
a- Membership – Membership shall be collected from interested individuals.
b- Event Fees – Each event shall carry an event fee. This fee shall be discounted for
members.
c- Donations – Donations can come via, event sponsorships, monetary donations,
in-kind donations or aarti money or any other means.
d- Advertisements – Funds can be collected from local businesses or any other
sponsors for display advertisement at MMCPA events or for website
advertisements or any such communication as deemed fit by the BOT. The price
for such advertisement shall be decided by the BOT.
Use of Funds: MMCPA shall use the funds collected in following ways:
1) Event Expenses – Funds shall be used for any expenses incurred for planning
an event.
2) Administrative Expenses – Funds shall be use for administrative expenses
such as website costs, legal fees, etc. These shall be at the sole discretion of
the BOT.
3) Miscellaneous Expenses – Funds shall be used for any other miscellaneous
expenses such as coffee maker, sound system etc. These shall be at the sole
discretion of the BOT.
4) Donations – MMCPA shall donate money at the discretion of BOT.
10.0: GENERAL BODY MEETING
Diwali program shall be considered as General
Body Meeting and the new EC will be announced at that program. Diwali
(Deepavali) program will be held in the month of October / November as per Hindu
calendar. The General Body Meeting may bot be held every year. The meeting shall
be held if any EC or BOT member calls for it.
11.0: AMENDMENTS
11.01 The By-laws may be amended, repealed or adopted by the BOT. Such
action/s shall be: Proposed by a BOT member or an EC member or any member of
MMCPA and reviewed by BOT and outcome will be announced.
12.0: AFFILIATION TO OTHER ORGANIZATIONS
A. The MMCPA shall be a member of BMM. Any additional memberships shall be
reviewed by BOT. EC shall maintain a close liaison with all the organization in
the Greater Harrisburg area namely AIACPA and HARI.
13.0: DISSOLUTION
13.01 Proposal:
1) A proposal to dissolve the MMCPA may be made in writing to BOT
by a minimum of 3/4th of the eligible members.
13.02 Consideration:
1) BOT shall:
A) Accept or reject such a proposal by a 4/5th majority.
B) Determine and discharge liabilities of the MMCPA in view of
applicable provision of the laws.
C) Choose to donate the remainder portion of the set assets of the
MMCPA to other religious or non-religious non-profit
organization/s located within USA having tax exempt status from
IRS.
13.03 Notice:
1) If dissolution proposal is accepted, BOT shall communicate via
appropriate means of communication to the members of MMCPA.
13.04 Approval:
1) If after the communication, 4/5th of the members provide written
communication to BOT to block the dissolution, then BOT cannot
dissolve MMCPA. This written communication should be sent within 30
days after BOT communication.
2) If necessary, an approval from Government Body shall be obtained.
14.0: MISCELLANEOUS
14.01 No member shall place any notice, pamphlet, literature on the web-mail
of the MMCPA without the signature of the President of BOT.
14.02 In case of a tie-situation in voting at the BOT, EC, Nomination
Committee meeting, annual/special General Body meeting, the BOT
President shall have an extra vote to break the tie.
14.03 Members of BOT, EC, nomination committees, and Sub-committees
shall discharge their respective duties with reasonable prudence and in
the overall interest of MMCPA. Such a member, during or after
discharge of duties, shall not be held personally liable or responsible for
any of his/her action or for negligence or misappropriation of funds by
other member/s.
14.04 MMCPA may or may not allow donor’s or any other names to be written,
inscribed or displayed in any form or manner on the donated objects.
This shall be at the sole discretion of the BOT.
14.05 No compensation shall be paid to members of BOT, EC, Nomination
Committee or Sub-committees, in cash or kind for their services
rendered. Nothing herein contained, however, shall preclude any member
from reimbursement of authorized expenses incurred personally by
him/her on behalf of MMCPA.